Back
to Menu
SCHOOL
DISTRICT LEGAL STATUS
The Calcasieu Parish School Board derives its legal status from the State
Legislature, which is subject to the Constitutions of the State of Louisiana and
the United States. The Legislature
has been granted authority for creation of school boards by Article 8, Section 9
of the Louisiana Constitution of 1974 which states: "...The legislature shall create parish school boards
and provide for the election of their members..." School boards, in turn, have been empowered to create school
districts or attendance areas of the parish as a whole or any part thereof.
The school district is under the
exclusive control and management of the Calcasieu Parish School Board, a body
duly authorized by the State Legislature. Consequently,
the Board is responsible for the general administration and supervision of the
parish schools and shall operate the school system in accordance with all
applicable constitutional and statutory provisions.
Responsibility for interpreting these provisions shall lie with the
School Board, except where formal interpretation of such provisions has been
made by the courts or other constituted authority.
Ref:
U.S. Const. Amend. X; U.S. Const. Amend XIV, Sec. 1; Constitution of
Louisiana Art. VIII, Sec. 9; La. Rev. Stat. Ann.
§§17:51, 17:1371, et. seq.; Wisconsin v. Yoder, 92 S.Ct. 1526
(1972); Milliken v. Bradley, 94 S.Ct. 3112 (1974); Dayton Board of
Education v. Brinkman, 97 S.Ct. 2755 (1977); Hawthorne v. Jackson Parish
School Board, 5 La. App. 508 (1927).
Back
to Menu
SCHOOL BOARD LEGAL STATUS
The Constitution of
Louisiana places the responsibility for establishing and maintaining an
efficient system of public schools on the State Legislature.
The Calcasieu Parish School
Board has been established as a body corporate charged with the establishment,
maintenance, development and operation of an efficient public school program
within the school district. State
and federal courts have held that the Board is vested with a broad range of
administrative and supervisory authority commensurate with the aforementioned
prescribed educational responsibilities.
Members of the Calcasieu
Parish School Board are officers of the state.
The Board is the agency through which the school district acts in regard
to school matters. Board members
have authority only when functioning as a body or group in a legally called
regular or special meeting. The
powers of the Board are delegated only to the Board as a body.
No authority is granted to members acting as individuals.
The Board is cognizant that
all actions must be taken in good faith, with reasonable prudence, sincerity and
based on the belief that such actions are correct and in the best interests of
the school district in accordance with the statutes and pertinent judicial
precedents.
Ref:
Constitution of Louisiana, Art. VIII, Sec. 9; La. Rev. Stat. Ann. §§17:51,
17:1271, et seq.; Hawthorne v. Jackson Parish School Board, 5 La. App.
508 (1927).
AUTHORITY
The School Board is
responsible for the creation, operation, and appraisal of public education in
Calcasieu Parish. The Board has the
authority to determine and establish written policies and to evaluate their
effectiveness. It shall also act as
an appraisal body sitting in judgement on recommendations that may come to it
which concern the progress and improvements of the schools.
The function of the School Board shall not be to operate the schools, but
to see that they are operated for the best interests of the children and
taxpayers. The School Board may
also make recommendations and regulations for its own government not
inconsistent with law or with the regulations of the Louisiana State Board of
Elementary and Secondary Education, as it may deem proper.
Ref:
Constitution of Louisiana; La. Rev. Stat. Ann. §§17:51, 17:81.
Back
to Menu
POWERS AND DUTIES
The Calcasieu Parish School
Board is vested with the responsibility and authority to establish policies for
the administration and management of the schools in the school district. The Board shall act as a legislative body in the
determination of policies for the control, operation, maintenance and
improvement of the school system in keeping with the needs of the communities of
the parish and applicable state laws. On
certain occasions the Board shall also serve as a judicial body to hear
complaints and appeals of administrative decisions for employees, publics and/or
patrons.
The Board shall be
responsible for carrying out all mandatory laws pertaining to education and
shall consider, accept or reject provisions of permissive legislation where
discretion is so authorized. In all
cases where constitutional mandates, federal and/or state statutes, judicial
precedents or regulations of duly recognized governmental agencies do not
otherwise provide or prohibit, the Board shall consider itself the agent
responsible for establishing and appraising the educational activities of the
school district.
The specific duties of the
School Board shall include, but not be limited to the following:
-
To select
the person to serve as the chief executive officer and Superintendent of the
school district and support such person in the discharge of his duties;
-
To
establish, approve and evaluate policies relating to the operation of the public
schools;
-
To adopt
a calendar of school events for each ensuing year, which shall be distributed to
the teachers and others as deemed necessary;
-
To adopt
the annual budget, consider and approve payrolls, and approve expenditures of
funds as recommended by the Superintendent;
-
To
consider reports of transacted business and its relation to the financial status
of the system;
-
To
approve all school district personnel appointment procedures;
-
To
determine salary schedules and other personnel policies;
-
To
consider reports of the Superintendent on the progress of the schools and advise
him on recommended changes in the educational program;
-
To adopt
plans for structural improvements and determine the means to finance them; and
-
To
inform the citizens of the parish and the Legislature of the needs of the
schools.
Ref:
La. Rev. Stat. Ann. §§17:20, 17:51, 17:81, 17:84, 17:85, 17:88, 17:95,
17:97, 17:101 et seq., 17:158, 17:1373, 38:2211, 38:2212.
BOARD MEMBERS LEGAL STATUS
The legal status of each
duly appointed or elected member of the School Board is that of a public
official who cannot be removed from his office except as provided by state law.
The legal obligations pursuant to each Board member shall not commence
until he has been duly elected or appointed and officially taken office.
His official capacity as a Board member shall continue until the
expiration of his term in office, unless otherwise vacated.
Such status does not
authorize said member to act for or bind the Board individually.
The powers and duties vested in the School Board shall only be exercised
by action of the Board as a whole at duly called and organized meetings.
In this respect, no motion or resolution shall be declared adopted
without the concurrence of a simple majority of the Board present and voting,
unless otherwise stipulated.
While
Board members may enjoy a degree of immunity from damage suits, individual Board
members are not absolutely free from liability.
The members may not be immune from liability, especially civil rights
cases, if actions taken were presumed to be legal and resulted in deprivation of
rights, or if they knew or reasonably should have known that their actions taken
were unconstitutional, or if such actions were taken with malicious intent to
cause a deprivation of rights. Moreover,
liability may be equally applicable, not just from policies, ordinances,
regulations, or decisions officially adopted by the Board, but also for a custom
or standard practice or procedure, even though such Calcasieu Parish a custom,
practice or procedure has not received formal Board approval.
Ref:
Constitution of Louisiana, Art. VIII, Sec. 9, La. Rev. Stat. Ann. §§17:51,
17:52, 17:81; Wood v. Strickland, 95 S.Ct. 992 (1975); Monell v.
Department of Social Services of New York, 98 S.Ct. 2018, 2035-36 (1978); Owen
v. City of Independence, Mo., 98 S.Ct. 3318 (1978).
Back
to Menu
NUMBER OF MEMBERS
The Calcasieu Parish School
Board shall be composed of fifteen (15) members elected by qualified voters of
each electoral district.
Ref:
La. Rev. Stat. Ann. §§17:52, 17:71.2, 17:71.3, 17:81.
QUALIFICATIONS FOR SCHOOL BOARD MEMBERS
Persons eligible to serve
as members of the School Board shall have the following minimum qualifications:
-
A Board
member shall have attained the age of eighteen (18).
-
A Board
member shall be a resident of the election district for the preceding year, with
limited exception.
-
A Board
member shall have resided in the state for the preceding two (2) years.
-
A Board
member shall be able to read and write.
-
A Board
member shall not be serving on certain other boards specified in the
Constitution of Louisiana.
-
A Board
member shall have affirmed to the prescribed oath.
It is desirable that
members of the Board have a genuine interest in and devotion to public
education; a willingness to give time and effort to the work; a capacity for
understanding people; and the ability to work cooperatively with others.
Each Board member should
recognize that he is a public official charged with an important responsibility. In view of the fact that Board members are elected to their
position, each member has a responsibility to the voters who have elected him;
however, representation should serve the best interest of the school system as a
whole rather than that of a single district.
Ref:
Constitution of Louisiana, Art. VIII, Sec. 8(a); La. Rev. Stat. Ann. §§17:52,
17.71.2, 17:71.3, 42:141.
FILE: ABCC
TERM OF OFFICE
All members of the
Calcasieu Parish School Board shall serve for four-year concurrent terms.
School Board members shall be elected at the same time as members of the
United States Congress are elected to office.
The term of each member
shall begin on January 1, following his election and expire on December 31, four
(4) years later.
Ref:
La. Rev. Stat. Ann. §§17:52, 17:71.2, 17:71.3.
FILE: ABCDA
UNEXPIRED TERM FULFILLMENT
All vacancies in the
membership of the School Board caused by death, resignation, or otherwise, shall
be filled within ten (10) days by appointment of a qualified person by the
remaining members of the Board, for the unexpired term.
If the unexpired portion is more than one year, however, a special
election shall be called in accordance with and on a date stipulated by state
law. If a special election is
called, the appointed member shall serve until a successor is elected and has
taken the prescribed oath of office.
In addition to the above, a
vacancy shall be deemed to have occurred when a member becomes domiciled outside
or changes his domicile from the district he represents.
Ref:
Constitution of Louisiana, Art. VI, Sec. 13; La. Rev. Stat. Ann. §§18:402,
18:581(1), 18:602.
FILE:
ABD
Cf: BBBD
Cf: CE
Back
to Menu
SCHOOL SUPERINTENDENT LEGAL STATUS
The Superintendent of the
Calcasieu Parish School Board is a constitutional school officer as provided in
the Constitution and laws of the State of Louisiana.
As such, he has certain authorities and functions which are provided for
by law.
The Superintendent shall be
the chief executive officer and secretary of the Calcasieu Parish School Board. He shall be responsible to the Board for the efficient
administration of the school district according to the laws governing the school
district and the policies which are adopted by the State Board of Elementary and
Secondary Education and the Calcasieu Parish School Board.
His discharge of duties shall be of such a caliber as to assure that the
quality of the school district's educational program is consonant with
legislative intent, needs of students and employees and commensurate with
changing needs of the local citizenry.
He shall keep, or cause to
be kept, an accurate copy of all minutes in an official minute book reflecting
all business of the Board conducted at regular or special meetings.
As Secretary of the Board, the Superintendent shall see that copies of
all minutes are provided to all Board members and that the official Board
minutes are made available for public examination in accordance with state law.
Upon being found
incompetent, inefficient, or unworthy, and after due notice of charges against
him, and further, after taking steps in compliance with generally recognized
"due process" procedures, the Superintendent shall be removed from
office by a Calcasieu Parish majority vote of the membership of the Board at any
regular or special meeting.
Ref:
Constitution of Louisiana, Art. VIII, Sec. 9, La. Rev. Stat. Ann. §§17:54,
17:81, et seq.
Back
to Menu
SCHOOL DISTRICT ORGANIZATION
The schools within
Calcasieu Parish shall be organized into an arrangement that will provide all
children in the parish an opportunity to develop their educational potential to
the maximum extent possible. The
Board shall require the educational organization of the schools to remain
flexible so that new patterns of organization may be implemented as may become
necessary, to suit community needs and resources.
The Board is authorized to
reorganize the schools and to determine and fix the number of grades to be
taught at each school in accordance with the dictates of the public and best
interests of the students of Calcasieu Parish.
Ref:
La. Rev. Stat. Ann. §§17:81, 17:151, 17:151.1.
Back
to Menu
SCHOOL YEAR
The School
Board shall annually adopt a school calendar calling for a minimum session of
182 days, of which at least 177 days shall be scheduled to provide the required
instructional time. The School Board may authorize some or all of its schools to
modify the number of instructional days per year provided the total number of
instructional minutes per year is no less than the minimum number of
instructional minutes per day multiplied by the minimum number of instructional
days required by law. The Board may designate certain days for in-service
training, reporting to parents, emergencies and other activities which the Board
deems appropriate and necessary.
Should the
number of days a school is closed result in less than the minimum number of days
of school with student attendance required by the State Department of Education,
the School Board reserves the right to make up the days missed or to request
that the Board of Elementary and Secondary Education make an exception to the
minimum number of days of school attendance required.
Revised: August, 2001
Ref: La. Rev. Stat. Ann. ''17:154, 17:154.1, 17:154.3; Louisiana Handbook for
School Administrators, Bulletin 741, State Department of Education; Board
minutes, 4-1-03.
Back
to Menu
SCHOOL
DAY
The Calcasieu Parish School Board shall require
every school under its jurisdiction to conduct a minimum daily session of not
less than 360 minutes of instructional time, exclusive of all recesses, provided
that this shall not be construed as to prevent half-day sessions where the
school accommodations are insufficient for all pupils of the system in a whole
day session. Two (2) or more partial days may be combined to meet the minimal
school year requirement of 177 days of 360 minutes of instructional time. The
class schedule shall be altered to assure all classes are conducted during
partial days.
The school day shall include, by definition, the
daily period of time established by the School Board as the official operating
hours of the school for administrative and instructional purposes, as well as
co-curricular activities.
The School Board shall require each elementary
school to dedicate any instructional time beyond that offered during the 1997-98
school year to the study of those subjects for which content standards have been
adopted by the State Board of Elementary and Secondary Education. Specific
emphasis shall be placed in the lower grades on teaching mathematics and reading
or language arts.
Revised: August, 2001
Ref: La. Rev. Stat. Ann. ''17:154, 17:154.1, 17:154.3; Louisiana Handbook for
School Administrators, Bulletin 741, State Department of Education; Board
minutes, 4-1-03.
Back
to Menu
EMERGENCY CLOSING OF SCHOOLS
The Superintendent shall be
authorized to announce the closing of schools if prevailing or potential hazards
threaten the safety and well-being of pupils, staff, or school property. The decision to close schools shall be made by the
Superintendent after conferring, when administratively feasible, with members of
the School Board and other community agencies responsible for the safety and
well-being of the community.
Public announcements and
releases to news media shall be made or approved by the Superintendent or his
authorized designee. Each Board
member shall also be notified of any school closing.
Ref:
La. Rev. Stat. Ann. §17:81.
Back
to Menu
|